Avena v. Ford Motor Co.

OPINION OF THE COURT

Hilda G. Schwartz, J.

This is a motion by the defendant Ford Motor Company (Ford) for an order pursuant to CPLR 908 approving the compromise of the individual claims of the named plaintiffs and the discontinuance of this action without notice to the putative class.

The plaintiffs have defaulted in appearing on this motion and have submitted no papers in opposition.

This action has not been certified as a class action and movant Ford asserts that this action does not satisfy the prerequisites to certification as a class action. Nevertheless, Ford moves for court approval of a…